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NO WARRANTIES FOR THE SOFTWARE.
THE SOFTWARE is provided "AS IS"
and with all faults. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PER-
FORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF NEGLI-
GENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST
INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING
THE DEVICE OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE
FROM, AND ARE NOT BINDING ON, MS.
- No Liability for Certain Damages.
EXCEPT AS PROHIBITED BY LAW, MS
SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSE-
QUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNEC-
TION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS
LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSEN-
TIAL PURPOSE. IN NO EVENT SHALL MS BE LIABLE FOR ANY AMOUNT
IN EXCESS OF U.S. TWO HUNDRED FIFTY DOLLARS (U.S.$250.00).
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Restricted Uses.
The SOFTWARE is not designed or intended for use or resale in haz-
ardous environments requiring fail-safe performance, such as in the operation of nuclear
facilities, aircraft navigation or communication systems, air traffic control, or other
devices or systems in which a malfunction of the SOFTWARE would result in foresee-
able risk of injury or death to the operator of the device or system, or to others.
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Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not
reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the
extent that such activity is expressly permitted by applicable law notwithstanding this
limitation.
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SOFTWARE as a Component of the DEVICE - Transfer.
This license may not be
shared, transferred to or used concurrently on different computers. The SOFTWARE is
licensed with the DEVICE as a single integrated product and may only be used with the
DEVICE. If the SOFTWARE is not accompanied by a DEVICE, you may not use the
SOFTWARE. You may permanently transfer all of your rights under this EULA only as
part of a permanent sale or transfer of the DEVICE, provided you retain no copies of the
SOFTWARE. If the SOFTWARE is an upgrade, any transfer must also include all prior
versions of the SOFTWARE. This transfer must also include the Certificate of Authen-
ticity label. The transfer may not be an indirect transfer, such as a consignment. Prior to
the transfer, the end user receiving the SOFTWARE must agree to all the EULA terms.
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Consent to Use of Data.
You agree that MS, Microsoft Corporation and their affiliates
may collect and use technical information gathered in any manner as part of product
support services related to the SOFTWARE. MS, Microsoft Corporation and their affili-
ates may use this information solely to improve their products or to provide customized
services or technologies to you. MS, Microsoft Corporation and their affiliates may dis-
close this information to others, but not in a form that personally identifies you.
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Internet Gaming/Update Features.
If the SOFTWARE provides, and you choose to
utilize, the Internet gaming or update features within the SOFTWARE, it is necessary to
use certain computer system, hardware, and software information to implement the fea-
tures. By using these features, you explicitly authorize MS, Microsoft Corporation and/
or their designated agent to use this information solely to improve their products or to
